The URL can be used to link to this page

Browse Search

Home My WebLink About20042069.tiff SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT # _/$ CASE #ASSIGNED: _ APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number O 7 (p / - Z In - U - C) C) - (1 r) 9 (12 digit number-found on Tax I.D. information,obtainable at the Weld County Assessors Office,or www.co.weld.co.us). Legal Description J.. J3 AT A /RE 3 /Z 8 _, Section.?(o , Township 6 North, Range63-West Flood Plain: dV 0 Zone District: A Q , Total Acreage: 2 3, yc+ f,Overlay District ,u c Geological Hazard: ,uo ,Airport Overlay District NJ FEE OW NER(S) OF THE PROPERTY: Name:_ Tose A q u xcte. Arz,/ Tose P iA o tRR € Work Phone# .5— 39- U!"/5 Home Phone #_ Email Address_ Address: 022 b /D Ctj C g - Y City/State/Zip Code C>Ree Ie C' 0 9 U g3 / 9 Name: Work Phone #_ Home Phone#____._____EmailAddress Address: City/State/Zip Code Name: Work Phone# Home Phone#_ Email Address Address: City/State/Zip Code APPLICANT OR// AUTHORIZED AGENT(See 11Below: Authorization must accompany applications sUned by Authorized Agent) Name: / AO tri F /le //e ?tic do. Work Phone # 35 2— <yyc yHomePhone#__ Email Address Address: .5 7 ,s- J //n, 5> Caeelett CO ta4 3V City/State/Zip Code _ PROPOSED USE: A �i • / /1`;,r/: ,.S p j2o pc.Sett %O c9%o2lecd iLi ('9 n c /LC a s cz_c_ Ars is I (We) hereby depose and state under penalties of perjury that all statements, proposals, a nd/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporatbn is the fee owner, notarized evidence must be included indicating that the signatory has to legal authority to sign for the corporatbn. EXHIBIT ignature:Owner or Authorized Agent ate%o Signature: Own $ Date 2004-2069 BREGA & II_ INTERS P.C. TTORNEYS AT LAW April 27, 2004 Thomas E.Hellerich Director (970)352-4805 Weld County Planning Department thellerich 1555 North 17th Avenue @brega-winters.com Greeley, CO 80631 GREELEY To Whom It May Concern: Thomas E.Hellerich W ilharn W.Hughes William W.Hughes II This letter shall serve as authorization by Josefina Aguirre, USR applicant, Bradley D.Laue to authorize the firm of Brega & Winters P.C. and Thomas E. Hellerich to Julie A.Scroggins Jerry D.Winters act on my behalf concerning a Use by Special Review Application. DENVER Stuart N.Bennett Very truly yours, Charles F.Brega Patrick G.Compton Robert R.Dormer /" "��"°'"�'`�'� ..42'-e•-•-/-1:-‘ t Carissa V.Douglas Mark E.1-lonhart tyc Eric B.Liebman ;i-•- Ronald S.Loser Jos lnaAguirre Brian A.Magoon Loren L.Mall John G.Nelson Scott T.Rodgers Jay John Schnell Sara E.Walsh DENVER TECH CENTER William C.Waller,Jr. Special Counsel 5105 DTC Parkway,Suite 450 Greenwood Village,CO 80111 Phone: (303)741-4741 Facsimile: (303)220-8150 E-Mail: hwaller@orci.com 5754 West 11'°Street•Suite 101 •Greeley,Colorado 80634-4811 PHONE:(970)352-4805•Fax:(970)352-6547•WEB SITE:www.brega-winters.com BREGA & WINTERS P.C. ATTORNEYS AT LAW Weld County Planning Department GREELEY OFFICE April 26, 2004 APR 2 8 2004 Thomas E. Hellerich Director RECEIVED (970)352-4805 Weld County Planning Department thellerich 1555 North 17th Avenue ©brega-winters.com Greeley, CO 80631 GREELEY To Whom It May Concern: Thomas E.Hellerich William W.Hughes This letter shall serve as authorization by Jose Aguirre, USR applicant, to William W.Hughes II9 pP Bradley D.Lane authorize the firm of Brega & Winters P.C. and Thomas E. Hellerich to act Julie A.Scroggins Jerry D.Winters on my behalf concerning a Use by Special Review Application. DENVER Very truly yours, Stuart N.Bennett Charles F.Brega Patrick G.Compton Robert R.Dormer Carissa V.Douglas Mark E.Reinhart Eric B.Liebman fr Ronald S.Loser Jo.e Aguirre • Brian A.Magoon �,/� Loren Mall JNelson . John G.Nelsoo n Scott T.Rodgers Jay John Schnell _ Sara E.Walsh DENVER TECH CENTER William C.Waller,Jr. Special Counsel 5105 DTC Parkway,Suite 450 Greenwood Village,CO 80111 Phone: (303)741.4741 Facsimile: (303)220-8150 E-Mail: bwallerQdorci.com r•-• 5754 West I h Street•Suite 101 •Greeley,Colorado 80634-4811 PHONE:(970)352-4805•Fax:(970)352-6547•WEB SITE:www.brega-winters.com Applicant's narrative response to the USR Questionnaire. 1. Explain in detail the proposed use of the property. The applicant owns approximately 23.4d+ acres. The property is bounded on the North by WCR 54, and on the east by the Union Ditch. The USR application is for 3.1499+ acres and is bounded on the west by the remaining portion of Lot A of the Recorded Exemption which is owned by the applicant. The buildings presently on the property are an existing building for vehicle storage, a house, parking area and an open shed. The applicant is proposing an additional building to be constructed sometime in the future. Additionally, there will be some outside storage area for dirt to be temporarily stored and equipment storage. The nature of the business activities will be concrete foundations and flat work. The applicant desires to operate his business out of these facilities. 2. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 22. The proposal is consistent with the intent of the Weld County Code Chapter 22 Comprehensive Plan. The activities will have little if any impact on the property and is consistent with the agriculture zone district. The proposed use will not convert any agricultural lands out of agricultural use. The proposed use is consistent with the agricultural goals and policies and will not interfere with the conservation of agricultural land or agricultural purposes. The property presently is not in agriculture production and is not desirable for agricultural production. There is no readily available irrigation water associated with the property. The use of the property can support and service the agricultural community by providing foundations and flat work for agricultural activities. The present use is consistent with surrounding uses and the changing environment in this area. The proposed use will have limited, if any, impacts on fire protection law enforcement and other public services. The use of the property will not interfere with the extraction of minerals and oil and gas resources. As indicated on the use by special review map, there are existing oil and gas facilities on the property to the west which are also owned applicant. The proposed use will not create additional demands on public facilities. The proposed use will not interfere or hinder other agricultural activities or enterprises in the area. 3. Explain how this proposal is consistent with the intent of Weld County Code Chapter 23. The proposal is consistent with the present zoning in the agricultural district. Applicant's business operations will provide services to the agricultural industry by providing foundations and flat work to the agricultural industry. The proposed use is consistent with use by special review in this zoning district and is a less intense use than other uses by special review in the agricultural zone district. 4. What type of uses surround the site? Explain how the proposed use is consistent and compatible with the surrounding land uses. The proposed use is consistent with surrounding uses as there are similar uses in the surrounding area. There are several other USRs in the surrounding neighborhood for similar types of business operations as the applicant is proposing. The applicant is also taking precautions to be compatible with the surrounding areas by installing fences and screening the area from adjoining land owners. The applicant owns approximately twenty acres to the west of the USR site, and there are natural boundaries and buffers to the north of WCR 54, and to the east the Union Ditch. The proposed use is consistent with the agricultural zone district. The operations will be compatible with the surrounding uses. 5. Describe in Detail the Following: a. How many people will use this site. There will be 2 people using the site including the applicant. b. How many employees are proposed to be employed at this site. The applicant will have 5-6 drivers. The drivers will only be there temporarily to pick up vehicles and equipment to take to the work site and will be gone most of the day. c. Hours of operation. Normal hours of operation will be from 5:00 a.m. to 9:00 p.m. d. Type and number of structures to be erected on the site. At present, there is an existing large building for vehicle and equipment storage. The applicant is proposing one additional building for storage. It will be enclosed on three sides and open to the south away from WCR 54. e. Type and number of animals, if any, on the site. The applicant does not anticipate any animals on the site except household pets at the home. f. Kind and size of vehicles. The applicant anticipates up to four medium- size duty dump trucks, up to four flat-bed trailers, and up to six pick-up trucks. There may be two additional trucks of a medium size which will be out on the job site 99% of the time. g. Who will provide fire protection for the site? Fire protection will be provided by LaSalle Fire District. h. What is the water source on the property. Adequate water will be provided by Central Weld Water. There will be no irrigation water on the property. What is the sewer disposal system on the property. The sewer disposal system is an existing septic system. A copy of the statement of existing septic system is attached in the application. j. The nature of any storage or warehousing proposed and types of items to be stored. The applicant proposes and anticipates there will be storage of his equipment; the trucks previously itemized, and temporary storage of forms for foundations. The applicant also anticipates temporary storage of dirt on the site. 6. Describe the proposed landscaping on the site. The applicant does not anticipate any additional landscaping. The applicant is proposing a fence to be constructed as a screening along Weld County Road 54, and along a portion of the irrigation ditch. The applicant will also screen a dumpster which will be used for trash removal. No other landscaping is anticipated other than the present, existing landscaping. 7. Describe any proposed reclamation procedures. The applicant does not anticipate any need for a reclamation procedure. 8. Explain how the storm water drainage will be handled on site. The applicant does not believe there is any additional storm drainage necessary. The applicant will construct only one additional storage shed. It is anticipated that the run off water from the storage shed will be absorbed into the soils on site. If any excess, it will typically flow into the Union Ditch as historically done in the past. 9. About how long will it take to construct the site. The applicant does not anticipate any lengthy time for construction. Existing buildings will be used until additional an storage shed is needed. The additional storage shed will only take 30-60 days to complete. As previously stated, no additional landscaping is anticipated. 10. Explain where storage and/or stock pile of waste will occur on this site. Applicant does not anticipate any storage or stockpiling of waste on site. Storage of dirt on the property will be on a temporary basis, and will be used to supply dirt to worksites. The applicant believes he has complied with all of the requirements for the Use by Special Review and requests approval of this application. (f,..�,.c_oifJ .7/Y/- 7 District Court,Weld County, Colorado 9th Street and 9t°Avenue Greeley, Colorado 80631 (970)351-7300 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO Plaintiff, v. 4 COURT USE ONLY JOSE AGUIRRE and JOSEFINA AGUIRRE, Respondents. Case No. 04CV74 Thomas E. Hellerich, Esq. Division: 5 Brega &Winters P.C. 5754 West 11"' Street, Suite 101 Greeley, CO 80634 Phone Number. (970)352-4805 FAX Number. (970)352-6547 E-mail: thellerich@brega-winters.com Atty. Reg.#2159 Lee.D. Morrison, Assistant Weld County Attorney 915 Tenth Street P. 0. Box 758 Greeley, CO 80632 Phone Number. (970)336-7235 FAX Number. (970) 352-0242 E-Mail: Imon'ison(d?co.weld.co.us Atty. Reg. #5067 STIPULATION COME NOW the Petitioner, by and through Its attorney, the Assistant of Bruce T. Barker, below named, and Respondents, Jose Aguirre and Josephine Aguirre, by and through their attorneys, Brega &Winters P.C. and Thomas E. Helierich, and respectfully • request that the Court make this Stipulation an Order of the Court and stipulate as 4' follows: 1. This Court has subject matter and personal jurisdiction herein, I MMod29%motktlpuletlon.doc 1 2. That the Respondents are the owners of property described as Lot A of RE-3128, also known as part of the NE4 of Section 26, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado, also known by street and number as 22670 CR 54, Greeley, Colorado 80631, more particularly described in attached Exhibit A. 3. There have been alleged violations of county ordinances and state law with respective to the commercial business. THEREFORE, the Petitioner and Respondents stipulate and agree to complete and submit a Use by Special Review permit according to the following timeline: 1. The Respondents agree to complete and submit a complete Use by Special Review (USR) permit by March 26, 2004. 2. The Respondents shall diligently pursue the application for the l• USR. • 3. That the Respondents will remove the commercial business from the subject property within 45 days of a final decision of denial if the USR is denied. 4. That the Court is requested to set a review hearing if the USR has not been approved or the commercial use removed by June 22, 2004. WHEREFORE. the parties jointly request that this Stipulation be made an Order of the Court and that the Court find that this Stipulation is not as a result of duress. Respectfully submitted BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO BRUCE T. B RKER WELD N E , A ,� ` 3044n', Lee Morrison Assistant Weld County Attorney BREGA&WINTERS P.C. homes E .Welleri M1ADB291D001\$ttU anMoo e 2 Identify Results ^. Page 1 of 3 WELD COUNTY ASSESSOR .., PROPERTY PROFILE Account#: R1042002 Parcel#:096126000009 Tax Area: 0696 Bordering County: Acres: 22.02 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 05 - 65 - 26 - 0 - - Owners Name&Address: Property.Address: AGUIRRE JOSE A&JOSEFINA Street: 22670 54 CR 22670 WELD CO RD 54 City: WELD GREELEY, CO 80631 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 8/13/2001 $400,000 WD 2874658 Legal Description PT NE4 26-5-65 LOT A REC EXEMPT RE-3128 (.91R.47D)SITUS: 22670 54 CR WELD Land Valuation Summary w Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Agricultural 4117 Acres 22.02 Land Subtotal: 22.02 $8,843 $2,560 Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value 1 Residential 2 Out Building 3 Out Building 4 Out Building Improvements Subtotal: $22O,247 $22,830 Total Property Value $229,090 $25,390 • Building Details Account#:RI042002 Parcel#: 096126000009 Owners Name&Address: Property Address: AGUIRRE JOSE A&JOSEFINA Street: 22670 54 CR 22670 WELD CO RD 54 City: WELD GREELEY,CO 80631 r^ Building* Property Type 1 Residential Individual Built As Detail http://maps.merrick.com/Website/We1d/setSgl.asp?cmd=QUERY&DET=PP&pin=09612... 04/27/2004 Identify Results . . r Page 2 of 3 Built As: 1 1/2 Story Fin Year Built: 1904 Exterior: Frame Siding HVAC: Hot Water Baseboard Interior Finish: Drywall Built As SQ Ft: 2402 # of Baths: 3 Roof Type: # of Bdrms: 3 Roof Cover: Composition Shingle #of Stories: 2 Rooms: 8 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R1042002 Parcel#: 096126000009 Owners Name&Address: Property Address: AGUIRRE JOSE A&JOSEFINA Street: 22670 54 CR 22670 WELD CO RD 54 City: WELD GREELEY, CO 80631 Building# Property.7Vpe 2 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 1970 Exterior: Pole Frame Metal Siding HVAC: None Interior Finish: Built As SQ Ft: 8864 #of Baths: 0 Roof Type: # of Bdrms: 0 Roof Cover: # of Stories: 1 Rooms: 0 Units: 0 Garage: • Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R1042002 Parcel#: 096126000009 Owners Name &Address: Property Address: AGUIRRE JOSE A&JOSEFINA Street: 22670 54 CR 22670 WELD CO RD 54 City: WELD GREELEY, CO 80631 Building# Property Type 3 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 1977 Exterior: Pole Frame Metal Siding HVAC: None Interior Finish: Built As SQ Ft: 972 # of Baths: 0 Roof Type: #of Bdrms: 0 Roof Cover: # of Stories: 1 Rooms: 0 Units: 0 r., Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: • http://maps.merrick.com/W ebsite/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=09612... 04/27/2004 Identify Results Page 3 of 3 Account#: R1042002 Parcel#: 096126000009 Owners Name&Address: Property Address: AGUIRRE JOSE A&JOSEFINA Street: 22670 54 CR 22670 WELD CO RD 54 City: WELD GREELEY, CO 80631 Building# Property Type 4 Out Building Individual Built As Detail Built As: Grain Bin Year Built: 1984 Exterior: Metal HVAC: None Interior Finish: Built As SQ Ft: 1 #of Baths: 0 Roof Type: #of Bdrms: 0 Roof Cover: # of Stories: 0 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: http://maps.merrick.com/W ebsite/We1d/setSgl.asp?cmd=QUERY&DET=PP&pin=09612... 04/27/2004 Hello